Statutory Authority

Page 903

§ 70034

TITLE 46—SHIPPING

mined by the Secretary, creates reason to believe that such vessel may be unsafe or may
create a threat to the marine environment;
(2) fails to comply with any applicable regulation issued under section 70034, chapter 37, or
any other applicable law or treaty;
(3) discharges oil or hazardous material in
violation of any law of the United States or in a
manner or quantities inconsistent with any treaty to which the United States is a party;
(4) does not comply with any applicable vessel
traffic service requirements;
(5) is manned by one or more officers who are
licensed by a certificating State that the Secretary has determined, pursuant to section 9101
of title 46, does not have standards for licensing
and certification of seafarers that are comparable to or more stringent than United States standards or international standards that are accepted by the United States;
(6) is not manned in compliance with manning levels as determined by the Secretary to
be necessary to insure the safe navigation of
the vessel; or
(7) while underway, does not have at least one
licensed deck officer on the navigation bridge
who is capable of clearly understanding English.
(b) Exceptions.—
(1) In general.—The Secretary may allow
provisional entry of a vessel that is not in compliance with subsection (a), if the owner or operator of such vessel proves, to the satisfaction
of the Secretary, that such vessel is not unsafe
or a threat to the marine environment, and if
such entry is necessary for the safety of the
vessel or persons aboard.
(2) Provisions not applicable.—Paragraphs
(1), (2), (3), and (4) of subsection (a) of this section shall not apply to a vessel allowed provisional entry under paragraph (1) if the owner or
operator of such vessel proves, to the satisfaction of the Secretary, that such vessel is no
longer unsafe or a threat to the marine environment, and is no longer in violation of any
applicable law, treaty, regulation, or condition,
as appropriate.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4260.)
SUBCHAPTER IV—DEFINITIONS, REGULATIONS,
ENFORCEMENT, INVESTIGATORY POWERS,
APPLICABILITY

(D) the recreational, economic, and scenic
values of such waters and resources.
(2) The term “Secretary” means the Secretary of the department in which the Coast Guard
is operating, except that such term means the
Secretary of Transportation with respect to the
application of this chapter to the Saint Lawrence Seaway.
(3) The term “navigable waters of the United
States” includes all waters of the territorial sea
of the United States as described in Presidential
Proclamation No. 5928 of December 27, 1988.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4261.)
References in Text
Presidential Proclamation No. 5928, referred to in par.
(3), is set out under section 1331 of Title 43, Public Lands.

§ 70032. Saint Lawrence Seaway
The authority granted to the Secretary under
sections 70001, 70002, 70003, 70004, and 70011 may
not be delegated with respect to the Saint Lawrence Seaway to any agency other than the Saint
Lawrence Seaway Development Corporation. Any
other authority granted the Secretary under subchapters A through C 1 and this subchapter shall
be delegated by the Secretary to the Saint Lawrence Seaway Development Corporation to the extent the Secretary determines such delegation is
necessary for the proper operation of the Saint
Lawrence Seaway.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4261.)
§ 70033. Limitation on application to foreign vessels
Except pursuant to international treaty, convention, or agreement, to which the United States
is a party, subchapters A through C 1 and this
subchapter shall not apply to any foreign vessel
that is not destined for, or departing from, a port
or place subject to the jurisdiction of the United
States and that is in—
(1) innocent passage through the territorial
sea of the United States; or
(2) transit through the navigable waters of the
United States that form a part of an international strait.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4261.)

§ 70031. Definitions

§ 70034. Regulations

As used in subchapters A through C 1 and this
subchapter, unless the context otherwise requires:
(1) The term “marine environment” means—
(A) the navigable waters of the United States
and the land and resources therein and thereunder;
(B) the waters and fishery resources of any
area over which the United States asserts exclusive fishery management authority;
(C) the seabed and subsoil of the Outer Continental Shelf of the United States, the resources thereof, and the waters superjacent
thereto; and

(a) In General.—In accordance with section
553 of title 5, the Secretary shall issue, and may
from time to time amend or repeal, regulations
necessary to implement subchapters A through
C 1 and this subchapter.
(b) Consultation.—In the exercise of the regulatory authority under subchapters A through C 1
and this subchapter, the Secretary shall consult
with, and receive and consider the views of all interested persons, including—
(1) interested Federal departments and agencies;
(2) officials of State and local governments;

1

So in original. Probably should be “subchapters I through III”.

1

So in original. Probably should be “subchapters I through III”.

§ 70035

TITLE 46—SHIPPING

(3) representatives of the maritime community;
(4) representatives of port and harbor authorities or associations;
(5) representatives of environmental groups;
(6) any other interested persons who are knowledgeable or experienced in dealing with problems involving vessel safety, port and waterways
safety, and protection of the marine environment; and
(7) advisory committees consisting of all interested segments of the public when the establishment of such committees is considered necessary because the issues involved are highly
complex or controversial.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4261.)
Safety Zones for Permitted Marine Events
Pub. L. 114–120, title III, § 305, Feb. 8, 2016, 130 Stat. 54,
provided that: “Not later than 6 months after the date of
the enactment of this Act [Feb. 8, 2016], the Secretary of
the department in which the Coast Guard is operating
shall establish and implement a process to—
“(1) account for the number of safety zones established for permitted marine events;
“(2) differentiate whether the event sponsor who requested a permit for such an event is—
“(A) an individual;
“(B) an organization; or
“(C) a government entity; and
“(3) account for Coast Guard resources utilized to
enforce safety zones established for permitted marine
events, including for—
“(A) the number of Coast Guard or Coast Guard
Auxiliary vessels used; and
“(B) the number of Coast Guard or Coast Guard
Auxiliary patrol hours required.”

§ 70035. Investigatory powers
(a) Secretary.—The Secretary may investigate
any incident, accident, or act involving the loss or
destruction of, or damage to, any structure subject to subchapters A through C 1 and this subchapter, or that affects or may affect the safety
or environmental quality of the ports, harbors, or
navigable waters of the United States.
(b) Powers.—In an investigation under this section, the Secretary may issue subpoenas to require the attendance of witnesses and the production of documents or other evidence relating to
such incident, accident, or act. If any person refuses to obey a subpoena, the Secretary may request the Attorney General to invoke the aid of
the appropriate district court of the United States
to compel compliance with the subpoena. Any district court of the United States may, in the case
of refusal to obey a subpoena, issue an order requiring compliance with the subpoena, and failure to obey the order may be punished by the
court as contempt. Witnesses may be paid fees for
travel and attendance at rates not exceeding those
allowed in a district court of the United States.
(Added Pub. L. 115–282, title IV, § 401(a), Dec. 4,
2018, 132 Stat. 4262.)
§ 70036. Enforcement
(a) Civil Penalty.—
(1) In general.—Any person who is found by
the Secretary, after notice and an opportunity

for a hearing, to have violated subchapters A
through C 1 or this subchapter or a regulation
issued under subchapters A through C 1 or this
subchapter shall be liable to the United States
for a civil penalty, not to exceed $25,000 for each
violation. Each day of a continuing violation
shall constitute a separate violation. The amount
of such civil penalty shall be assessed by the
Secretary, or the Secretary’s designee, by written notice. In determining the amount of such
penalty, the Secretary shall take into account
the nature, circumstances, extent, and gravity
of the prohibited acts committed and, with respect to the violator, the degree of culpability,
any history of prior offenses, ability to pay,
and such other matters as justice may require.
(2) Compromise, modification, or remission.—
The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty that is subject to imposition or that has
been imposed under this section.
(3) Failure to pay penalty.—If any person
fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General of the
United States, for collection in any appropriate
district court of the United States.
(b) Criminal Penalty.—
(1) Class d felony.—Any person who willfully and knowingly violates subchapters A through
C 1 or this subchapter or any regulation issued
thereunder commits a class D felony.
(2) Class c felony.—Any person who, in the
willful and knowing violation of subchapters A
through C 1 or this subchapter or of any regulation issued thereunder, uses a dangerous weapon, or engages in conduct that causes bodily injury or fear of imminent bodily injury to any
officer authorized to enforce the provisions of
such a subchapter or the regulations issued under such subchapter, commits a class C felony.
(c) In Rem Liability.—Any vessel that is used
in violation of subchapters A, B, or C 2 or this
subchapter, or any regulations issued under such
subchapter, shall be liable in rem for any civil
penalty assessed pursuant to subsection (a) and
may be proceeded against in the United States
district court for any district in which such vessel may be found.
(d) Injunction.—The United States district courts
shall have jurisdiction to restrain violations of subchapter A, B, or C 2 or this subchapter or of regulations issued under such subchapter, for cause shown.
(e) Denial of Entry.—Except as provided in
section 70021, the Secretary may, subject to recognized principles of international law, deny entry by any vessel that is not in compliance with
subchapter A, B, or C 2 or this subchapter or the
regulations issued under such subchapter—
(1) into the navigable waters of the United
States; or
(2) to any port or place under the jurisdiction
of the United States.
(f) Withholding of Clearance.—
(1) In general.—If any owner, operator, or
individual in charge of a vessel is liable for a
1

1

So in original. Probably should be “subchapters I through III”.

Page 904

2

So in original. Probably should be “subchapters I through III”.
So in original. Probably should be “subchapter I, II, or III”.